On The System Of United States Antitrust Law Of The Joint Venture

In the present day and age, an increasing number of attentions have been paid tothe antitrust of joint venture. Compared with cartel and merger, joint venture has itsown features and in some situations it can be treated as cartel and merger if it is onlyon the flag of joint venture. So it has invisibility in some extent, which can be amethod to avoid regulation of laws. At the same time, joint venture is a two-edgedsword with enhanced efficiency and loss of competition. Without strict regulation, itwill result in serious disrupt of market. The article firstly introduces the definition ofjoint venture and after clarifying the definition of joint venture, this article willcompare the joint venture with merger and cartel in order to find the different pointsand relation and further clarify the understanding of joint venture according to thecomparison. So we can give the right opinion on the character of certain association inpractical cases and the right opinion is the basis of applying law and rules. Then thearticle will introduce the different catalogue of joint venture. In this part the articlewill clarify the character of different joint venture and introduce the risk of antitrust.Then we will analyze the advantages and disadvantages of joint venture and list themain positive point and drawback of joint venture. The analysis in this part can be thebasis of applying reasonable rule, because only by knowing the positive points anddrawback can we balance the two sides of the joint venture in practical cases. Afteranalysis of advantages and disadvantages, this article will particularly introduce theapplied law of joint venture and this part will give the law framework and differentrules and ways toward joint venture. In the introduction of applying law, there aresome practical cases and these cases are not introduced in detail, which is used toexplain different problems. I hope these cases can help understand the issue. Then thepart will introduce the risk of investigation of different joint venture and thesuggestion to reduce the risk and hope according to the suggestions the venture canavoid some investigation due to the lack of right understanding. At last, I will givesome suggestion to the Chinese antitrust of joint venture and Chinese corporation. Atpresent, we are drafting Chinese Antitrust Law and I hope we can find some usefulpoints from American antitrust law. I hope the rules of joint venture and get somepractical regulation and idea from American judicial practice into China and direct thelitigation and practice of Chinese antitrust of joint venture.